Employment Law: Labor

Labor law is a niche practice area focused on the laws and regulations governing the relationship between employers and unionized employees. Labor law is primarily based in federal law, so most labor lawyers tend to litigate in federal courts. However, it is not unusual for labor attorneys to also handle general employment discrimination claims, which could be litigated in either federal or state court. Lawyers who represent public employers like government entities, public schools and hospitals or agricultural employers, on the one side, or their unionized workforces, on the other, also deal with a parallel body of state laws and typically litigate in state courts.

A number of labor law attorneys work for state and federal government agencies, such as the National Labor Relations Board (NLRB), the Department of Labor, and relevant state commissions [...]

Labor law is a niche practice area focused on the laws and regulations governing the relationship between employers and unionized employees. Labor law is primarily based in federal law, so most labor lawyers tend to litigate in federal courts. However, it is not unusual for labor attorneys to also handle general employment discrimination claims, which could be litigated in either federal or state court. Lawyers who represent public employers like government entities, public schools and hospitals or agricultural employers, on the one side, or their unionized workforces, on the other, also deal with a parallel body of state laws and typically litigate in state courts.

A number of labor law attorneys work for state and federal government agencies, such as the National Labor Relations Board (NLRB), the Department of Labor, and relevant state commissions and employment relations boards. Attorneys working for these government agencies bring claims on behalf of the agency with the responsibility to enforce specific laws. For example, the Department of Labor enforces OSHA (the Occupational Safety and Health Act), ERISA and the wage and hour laws, while the NLRB enforces the National Labor Relations Act.

Labor lawyers focus more on administrative law and proceedings than the typical employment lawyer does, as much of the labor-management relationship is regulated by federal agencies. A labor law practice involves union-organizing campaigns, collective bargaining negotiations, administrative proceedings, and unfair labor practice litigation. It’s an interesting mix of negotiation, litigation, and compliance counseling.